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PDtax
PDtax, CPA firm owner
Category: Social Security
Satisfied Customers: 4525
Experience:  35 years tax and professional advice in all matters money
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My wife was paid by Social Security incorrectly, they over

Customer Question

My wife was paid by Social Security incorrectly, they over paid her. When she first started receiving half of by social security, they assigned her what I thought was too much in that the amount was larger than half my total. I went to their office and ask them if this was correct. The young lady checked on her computer and said yes. We also have a handicapped son who lives with us. I assumed this was why she was receiving more than half my total. S he died September 22nd. I received a letter from Social Security that I now owed over $8000. Can they do that?
Submitted: 1 year ago.
Category: Social Security
Expert:  PDtax replied 1 year ago.

Hi from Just Answer. I'm PDtax, and can assist.

Expert:  PDtax replied 1 year ago.

First, they can do that. Second, you may not have to pay it back.

Expert:  PDtax replied 1 year ago.

Start by filing form SSA-561 within 60 days of receipt of the notice. That starts the appeals process for the overpayment. You will have chances to make your arguments.

http://www.ssa.gov/ssi/text-appeals-ussi.htm is the web page you can check for additional information on this part of your defense.

Expert:  PDtax replied 1 year ago.

If you lose at appeals, you can still request forgiveness of their claim. You can file SSA-632, Request for Waiver, and ask SSA to forgive the overpayment.

http://www.ssa.gov/ssi/text-overpay-ussi.htm is the link to that material.

Restating the problem: Yes, even though you took good faith steps to advise SSA of what you thought was an error, you were advised it was not. That does not prevent SSA from claiming the overpayment, but you certainly have grounds to appeal and/or request forgiveness of that amount.

Thanks for asking at Just Answer. Positive feedback is appreciated. I'm PDtax.